PREVIOUS REPORT: Victim brain dead, another critically hurt after suspect attacked them with metal pipe, docs allege
Joshua McDaniel, 28, is in jail on two felony assault charges after investigators say he brutally attacked two men Friday morning in separate incidents about a mile apart along State Highway 249 in northwest Harris County. Both victims remain hospitalized in critical condition, and authorities say the charges could be upgraded if either victim dies.
Newly obtained surveillance video captures one of the attacks. The footage shows a man, identified by family as Nhan Le, confronted by the suspect near a dumpster before being knocked to the ground.
The second attack happened less than an hour earlier at a nearby Dunkin' Donuts, where employees told ABC13 they watched in horror as another man was beaten with a metal pipe and left critically injured.
"I said this guy might be dead because his face was real pale and he was bleeding a lot," one employee recalled.
ORIGINAL REPORT: Man involved in 2 separate attacks that critically injured victims in NW Harris County, HCSO says
Harris County Sheriff's Office deputies quickly identified and arrested McDaniel.
Court records show McDaniel has a lengthy criminal history that includes violent convictions and 16 previous criminal charges. Among them was a case dismissed in February after he was referred to a mental health diversion program. According to court records, that case involved allegations that McDaniel punched an elderly man.
Defense attorneys told ABC13 it is not easy to qualify for a mental health diversion program, and that successfully completing it generally indicates a defendant complied with court-ordered treatment and other program requirements.
Family members of Nhan Le say they were shocked to learn McDaniel had previously completed the diversion program and had a violent charge dismissed. Le's cousin described the situation as "real bad."
According to court records, Le has been declared brain dead, while the second victim remains in critical condition.
McDaniel did not appear in court over the weekend after a bailiff said he was combative.
The Harris County District Attorney's Office has not responded to ABC13's questions about the dismissal of McDaniel's previous case or the mental health diversion program.
His previous attorney said she was unaware of the outcome once McDaniel was referred to treatment.